Medical malpractice cases normally occur when a medical professional is alleged to have failed to provide a quality standard of care. Malpractice claims usually involve seeking damages for the plaintiff as a result of intentional misconduct, failure to prevent foreseeable injuries, failure to provide correct test results, and failure to provide proper medical treatment. The most important witness in a medical malpractice claim is the medical malpractice expert witness.
A medical malpractice expert witness is an unbiased medical expert who provides medical and scientific testimony in the medical field where the negligence is alleged to have occurred. They are a member of the medical profession community and have the experience and education to provide informed and quality testimony. They have the ability to interpret medical information and make a sound conclusion. Reputation can be just as important as experience. A malpractice expert witness with a bad reputation will not help a case which could result in a negative outcome. Judges and jurors are more confident in the opinions of malpractice experts who are respected by peers in their area of expertise. This in turn makes jurors feel more assured about their verdict. Medical malpractice expert witnesses can be Pediatricians, Heart Specialists, Neurosurgeons, etc.
The job of a malpractice expert witness is to provide detailed and informed testimony about whether a medical professional failed to provide a quality standard of care. A medical malpractice expert witness has a legal and ethical obligation to provide unbiased testimony in order to ensure the proper delivery of justice.
The malpractice expert witness plays a key role in determining medical negligence. Courts depend on a medical expert witness establish the standards of care relevant to the medical malpractice claim. The expert witness will provide the standard of care relevant to the particular case, point and substantiate any violation of standards, and provide an opinion of how the violation caused the injury. . The testimony should be trustworthy, objective, and accurate. The malpractice expert witness may also be required to give testimony regarding the extent of damages to assist the court in determining what damages should be awarded. It is important to be aware that obtaining a medical malpractice expert witness can be expensive.
The admissibility of malpractice expert witness testimony can vary with state and federal guidelines. Most state laws conform to federal rules regarding malpractice expert testimony, however, some do not. A medical malpractice attorney will be familiar with state and federal guide lines. . In determining whether a malpractice expert witness’ testimony can be admitted, judges consider whether the expert’s opinion has been reviewed by other peers, whether the evidence is sound and confirmed, whether there have been any errors with the evidence that have been noted by other experts, if the testimonial evidence is generally accepted by the medical community, and whether the malpractice expert witness’ conclusion is based on a medically valid method. The defendant will often provide medical expert testimony to counter another expert’s testimony.
The ability of a malpractice expert witness to talk in plain terms that can be understood by either a judge or jury is critical to any medical practice case. An expert witness who confuses or bores a jury or judge can seriously hurt a medical malpractice case.
A medical malpractice expert witness is a key component of every medical malpractice case. When searching for the right malpractice expert witness, it is important to do your research. Many malpractice law firms have a list of medical experts. Choosing a malpractice expert witness can often make the difference between winning and losing a medical malpractice case.
About the Author
Providing Medical Malpractice Expert Witness services to USA and Canada since 1978See Also:
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